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A Dutch trade association of e-cigarette sellers (Esigbond) and several of its members sued the Ministry of Health, Welfare and Sports over its “No to Vaping” campaign. The campaign included several press releases and statements regarding the harms of e-cigarettes, including to minors.
The plaintiffs alleged that the statements pertained only to unregulated, illegal products rather than legal products. On this basis, Esigbond alleged the State had inhibited its ability of fulfilling its statutory function to “effectively represent [Esigbond] members’ interests and to provide information.”
The Hague District Court dismissed the plaintiffs’ claims that the State’s information about e-cigarette harms were unqualified and misleading. The Court found that the State’s information was based on substantiated evidence, which the plaintiffs failed to show were false or incorrect.